>>>>> "Sergio" == Sergio Brandano <sb@dcs.qmw.ac.uk> writes: Sam> Under US law ... Sergio> Well, we are under international copyright here. I note you don't claim "international copyright *law*" here. As it stands, international (copyright) treaties always have to be *implemented* by local (=national) law. Which can vary in details... Sergio> My observation was that "Mailing Lists" (Debian's or Sergio> otherwise) are suddenly claiming copy-rights as if they Sergio> were officially registered periodicals, and that such a Sergio> claim is not legal. No Debian mailing list is claiming copyright on your postings. Show me the "(c) Debian" under your postings in the archives and I'd believe you. Sergio> Please note that we are talking about "mail" here Sergio> (we are not talking about "articles" or other forms Sergio> of literature), and mail is subject to more strict Sergio> rules withing the general copyright code. Can you cite anything in the Berne convention or related treaties? AFAIK, copyright doesn't give a fuck about "mail"/"non-mail". Could be wrong, of course... but you have to *prove* me wrong, handwaving won't cut it. Sergio> Mail is in fact private, in the US as well as any modern Sergio> country. In the UK, for example, there are only two person Sergio> who can read an addressed mail: the receiver and the Sergio> Queen. Which has nothing at all to do with copyright law. (It's *copy*right, not *read*right, BTW) Sergio> By posting to a "mailing list", you are posting to a Sergio> number of people; it is like making a xerox of your mail, Sergio> then post it to a number of people. The mere fact that you Sergio> are posting to 100 friends rather than 1, does not make Sergio> your mail a journal article. Good example... now imagine this thing would go to court (which would be your logical next/final step, if we (Debian) don't comply with your wishes. Doesn't seem like we will...). Try to imagine telling this to a judge... but tell him/her the *real* picture: You: "I wrote a letter to a friend. He xeroxed it and mailed it to a list of my friends."[1] Judge: "And you know who's on that list?" You: "Uhm,... No, your honor, I don't. Not exactly, anyway." Judge: "Well, who *is* on this list?" You: "Uhm, anybody who wanted to be." Judge: [speechless] You: "Anybody could tell my friend, Deborah Ian, that he wanted to receive these mails, and Deb-Ian put him on the list." That's the *real* picture. Guess what any judge would do? I'll leave that to the imagination of the reader. Sergio> [...] Electronic-Mail is Mail. As such, it is private, Sergio> unless there is an "explicit agreement" that says Sergio> otherwise. Posting *indirectly* to a list of people that you can't even name (for starters, just tell me how *many* people read *this very mail*) does not imply a great deal of privacy to me. [Rest deleted] Bye, J [1] I've known a number of christian missionaries, and some of them have done their newsletters that way: mail one to a friend in their home country, who then copies it and sends it to the people on a list. *But* in those cases the writers of the mail *knew* who was on that list... PS: Sorry if some of this sounds inflammatory. I tried as hard as I could to stay calm, but probably failed... -- Jürgen A. Erhard juergen.erhard@gmx.net phone: (GERMANY) 0721 27326 My WebHome: http://members.tripod.com/Juergen_Erhard "Perl Programmers are from Mars, Python Programmers are from Yorkshire" -- Alex in c.l.py
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